BILL NUMBER: AB 2155	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 20, 2014

   An act to add Section 19851.2 to the Government Code, relating to
state employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2155, as introduced, Ridley-Thomas. Nurses and certified nurse
assistants: overtime.
   Existing law generally requires the workweek of state employees to
be 40 hours, and the workday of state employees to be 8 hours. Under
existing law, it is the policy of the state to avoid the necessity
for overtime work whenever possible.
   This bill would prohibit a nurse, defined as a registered nurse or
a licensed vocational nurse, or a certified nursing assistant (CNA),
employed by the State of California in a state facility, as defined,
from being compelled to work in excess of the regularly scheduled
workweek or work shift, except under certain circumstances, including
the occurrence of a catastrophic event in a state facility. This
bill would prohibit a state facility from discriminating, dismissing,
discharging, or making an employment decision adverse to the nurse
or CNA for his or her refusal to accept those additional hours. This
bill would enact other related provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19851.2 is added to the Government Code, to
read:
   19851.2.  (a) As used in this section:
   (1) "Nurse" means all classifications of registered nurses
represented by State Bargaining Unit 17, or the Licensed Vocational
Nurse classifications represented by State Bargaining Unit 20.
   (2) "CNA" means all Certified Nursing Assistant classifications
represented by State Bargaining Unit 20.
   (3) "Facility" means any mental hospital, youth or adult
correctional facility, developmental center, veteran's home, school,
or worksite in which a nurse or CNA works as an employee of the
state.
   (b) A facility shall not require a nurse or CNA to work in excess
of a regularly scheduled workweek or work shift. A nurse or CNA may
volunteer or agree to work hours in addition to his or her regularly
scheduled workweek or work shift but the refusal by a nurse or CNA to
accept those additional hours shall not be grounds for
discrimination, dismissal, discharge, or any other penalty or
employment decision adverse to the nurse or CNA.
   (c) This section shall not apply in any of the following
situations:
   (1) To a nurse or CNA participating in a surgical procedure until
that procedure is completed.
   (2) If a catastrophic event occurs in a facility and both of the
following factors apply:
   (A) The catastrophic event results in such a large number of
patients in need of immediate medical treatment that the facility is
incapable of providing sufficient nurses or CNAs to attend to the
patients without resorting to mandatory overtime.
   (B) The catastrophic event is an unanticipated and nonrecurring
event.
   (d) Nothing in this section shall be construed to affect the
Nursing Practice Act (Chapter 6 (commencing with Section 2700) of
Division 2 of the Business and Professions Code), the Vocational
Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of
Division 2 of the Business and Professions Code), or a registered
nurse's duty under the standards of competent performance.